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Dog-Related Incidents

(Policy & Procedure)

Publication Scheme Y/N Yes- suitable for publication

Department of Origin Matrix Serious Organised Crime

Policy Holder Ch Supt Head of MSOC Uniformed Services

Author Inspector – Head of Dogs and Mounted Section

Related Information Animal Welfare Act 2006

Authorised Professional Practice (APP) Call Grade & Response Policy

Dangerous Dogs Act 1991 (As amended 1997) Dogs Act 1871

Police and Criminal Evidence Act 1984 Victims Code of Practice

National Assistance Act 1948.

This Version Version 4.0 – Created 06/03/2014

Date of Next Review 06/03/2016

March 2014

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______________________________________________________________________________________

Policy

Statement

Merseyside Police requires all dog-related incidents to be dealt with consistently utilising the full range of legislation currently available. It is our intention to fully investigate suspected offences, prevent the likelihood of an offence occurring, gather intelligence and provide education regarding the subject, both internally within the organisation and also externally to our partner agencies. The ownership of a certain types of dog(s) can amount to a criminal offence. Allowing any dog(s) to be dangerously out of control in a public place or a private place where it should not be is also a criminal offence. Legal action may be taken against the owner and/or person in charge of the dog(s) at the time of the offence.

Merseyside Police is totally committed to the protection of people from injury and the fear of injury by dogs, along with damage to property caused by dogs, such as other dogs, cats and as a result of road traffic accidents caused by dogs being out of control on roads.

Aims

The main aim of this policy is to ensure that all our responses to dog-related incidents are proportionate, lawful, accountable, necessary and consistent, with every case being resolved at the earliest point and the safety of the public and our employee’s being the primary objective. This approach is designed to provide the highest protection to the communities of Merseyside. The policy provides clear and unambiguous direction for all Merseyside Police personnel who have to deal with a dog-related incident. This direction will provide value for money, effective investigation and clear management of all dog-related incidents.

Objectives

a) Reduce the risk of harm to the public.

b) Reduce the opportunities for the criminal use of dogs.

c) Ensure that log and case management is of the highest standard possible, with underpinning accountability.

d) Respond to intelligence and information regarding dog-related incidents. e) Introduce a force wide virtual ‘dog register’ through the use of Niche.

f) Maximise the number of detections regarding dog-related incidents and bring those responsible to justice.

g) Reduce the number of dog-related antisocial behaviour incidents.

h) Maintain a victim-orientated approach to any dog-related incidents and the way in which they are disposed of.

i) Pro actively enforce compliance with court orders where dogs have previously been subject to court proceedings. (Op Newberry)

j) Deal with dogs in police custody expeditiously in line with animal welfare guidelines. k) Protection of other animals from either the criminal use of dogs or irresponsible

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Application and Scope

All police officers and police staff, including the extended police family and those working voluntarily or under contract to Merseyside Police, must be aware of and are required to comply with, all relevant policy and associated procedures.

The Chief Officer lead for this policy is the Assistant Chief Constable responsible for Matrix Serious Organised Crime.

Incidents will be graded and responded to in line with the Force Call Grade and Response policy. Criminal Prosecutions or other legal proceedings should be commenced as soon as possible and in any event within 14 days of the incident (unless exceptional circumstances apply).

Appendices should not be disclosed for any Freedom of Information application.

Outcome Evaluation

Outcomes will reflect specific objectives and be measured against these objectives on a routine basis. Responsibilities and activities involved in measurement will be determined by BCU Commanders. They should also arrange for feedback to be provided to victims.

The Head of Operational Support (Corporate Support & Development) is responsible for audit and inspection of implementation and providing corporate performance management information. In general terms effective implementation should:

a) Ensure the fullest investigation that will result in the prompt and proper disposal and conclusion of any individual case.

b) Provide reassurance and keep victims and owners of dangerous dogs informed of the progress of relevant cases, by adhering to the Victims care guidance.

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______________________________________________________________________________________

Procedure

Version History

09/11/2010 V 2.2 – Main amendments reflect recommendations from recent IPPC investigation. Notably, section 5 is designed to help ensure good log management and accountability. Additionally, paragraph 3.2.5 inserted to reflect preferred option regarding processing S4b breeds.

11/05/2011 V 2.3 – Two appendices removed (Flowchart & Risk Assessment) to eliminate potential ambiguity.

05/11/2012 V 3.0 – Substantial re-write to reflect wider scope. Includes name change introducing new procedures and processes.

06/03/2014 V 4.0 – Update of policy in relation ownership by MSOC and changes to section 1.6.2 regarding MG11 signing dog over for destruction. Additional section for a Dog handler to attend and view the dog/s involved in ALL child dog bite incidents. Addition to policy surrounding Operation Newberry and update of roles and responsibilities of area SPOC’s.

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Contents

Context

Veterinary Care/Treatment

Definitions

Seizing and Transporting a Dog(s)

Niche

Suspected Prohibited Type Dogs Legal Breed Type Dogs

Care of Seized Dogs

Transportation of Seized Dogs

Timescales

Force Virtual Dog Register

Allocation

Basic Command Unit (BCU) MSOC Dogs and Mounted section

Analysis

Case Management and Responsibilities

Call handling personnel / MSOC Dogs and Mounted section personnel Officer in Charge (OIC)

Line Manager / BCU SPOC

MSOC Dogs and Mounted section Inspector BCU Commander

Force Solicitor

Operation

Newberry

Appendices:

NICHE

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______________________________________________________________________________________

1. Context

1.1 Any action must have a legal basis (e.g. Dangerous Dogs Act 1991 (Amended 1997) and must comply with the provisions of the Police and Criminal Evidence Act 1984. Those actions should be the least intrusive and damaging means necessary to achieve the aims, which must be legitimate, justified and proportionate.

1.2 The details behind any dog(s) that are seized must be inputted onto Niche, and these occurrences will be monitored and maintained by the MSOC Dogs and Mounted Section. This will enable accurate tracking of all cases and will ensure that dogs in police custody will be kept in accordance with the Animal Welfare Act 2006. Any seized dog(s) will need to be entered onto Niche as an item of property and a Niche Property tag number

allocated to the dog. A Dog Seizure Form must be completed either electronically or in paper form with an MG11 or pocket notebook entry outlining the circumstances of the dog(s) seizure. All forms must be scanned or attached to the occurrence.

1.3 It is NOT the responsibility of the police service to deal with stray dogs; this responsibility lies with the Local Authority. The police service has responsibilities however under road traffic legislation and also in order to protect the public against harm from stray dogs and therefore may be called to deal in these instances. The current procedure, if the police are called to seize a stray dog for the above reasons, is that it will either be taken to a police station kennel and the Local Authority informed and they will collect the dog, or under certain circumstances taken directly to Local Authority kennels.

1.4 If a stray dog(s) is suspected to be a prohibited type, then a Dog Legislation Officer (DLO) must examine the dog and perform a “TRIAGE” assessment. If the stray dog is suspected to be an illegal type, then it must be removed to police approved secure kennels in case an owner comes forward. If an owner cannot be identified then after 7 days the dog will be humanely put to sleep as per Local Authority procedures.

1.5 “TRIAGE” refers to an assessment of a seized dog at police kennels and can only be performed by a DLO.

1.6 When a member of the public is forced to go into hospital or taken into care, if there is no one else that is able to care for the dog in the interim period (family, friends, neighbours etc.) then the dog should be taken to a police kennel and under section section 48 of the National Assistance Act 1948 it becomes the responsibility of the Local Authority to deal and arrange removal.

1.7 When a person is arrested and taken into custody and at the time of arrest they are in possession of a dog, all efforts should be made to find arrangements for the care of the dog (friends, family, neighbours, returned to home address if likely only to be in custody for a short period). The dog should only be seized and removed to police station kennels when authorised by the duty CIM, as it becomes prisoner property. MSOC Dogs and Mounted supervision must be made aware, a storm log created, tagged for XDOG and left open, so that they can monitor that arrangements are made by the BCU to ensure that the dog is returned to the owner when released from custody or a person nominated by them or removed to police approved secure kennels, with the cost borne by the BCU. 1.8 All dogs that are taken to police kennels should be removed within 12 hours of being

deposited. This should only be exceeded in exceptional circumstances and only when provisions have been made for the removal of the dog as soon as practicable thereafter and these provisions should be endorsed on the storm log. This will be monitored by MSOC Dogs and Mounted supervision to ensure compliance.

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1.9 When a dog has been in police kennels for over 12 hours and suitable arrangements have not been made for its’ removal, MSOC Dogs and Mounted supervision will arrange for the dog to be removed to police approved secure kennels by a private contractor. The cost of transport and future kennelling will be the responsibility of the BCU.

1.10 Dogs that resemble a bull breed, but appear to have insufficient characteristics of a banned breed due to their young age and therefore do not allow a DLO to classify them as a banned breed will remain with their owner(s). A niche occurrence will be created in relation to the dog and the relevant details added. A diarised flag will be added to the niche file to activate at a suitable date when it is believed the dog will have developed sufficiently for a DLO to re attend at the owners address and perform an accurate assessment to determine the breed type.

1.11 Veterinary Care/Treatment

1.11.1 It is important that costs to Merseyside Police are not incurred unnecessarily. Dog owners/keepers are liable for the veterinary care/treatment of their animals. When a dog is taken into the control of Merseyside Police we will assume the cost for veterinary care from that point in relation to conditions that develop once in our custody. For any pre existing conditions that the dog is receiving treatment for, Merseyside police will seek to recover the costs from the owner.

1.11.2 Dogs may need medical attention following an incident or have to be humanely

destroyed. However, officers must not take responsibility for arranging such emergency veterinary care or treatment without first obtaining written permission of the owner. Where an owner cannot be traced, but there is an immediate need for veterinary treatment to prevent suffering, then authorisation must be obtained from the duty CIM and follow up enquiries made to trace the owner.The Treatment Request Form should be used in every case. If the dog is to be signed over for destruction (after permission granted by the CIM,) then the following form should be completed, (with the appropriate sections

deleted) MG11 signed over for destruction and signed by the owner or keeper.

1.11.3 Prior to authorising the destruction of a dog at police expense, the CIM should consider the relative threat, harm and risk to the public and the reputation of the organisation, posed by leaving the dog at the address in the care of the owner. This must be considered on a subjective basis, taking into account any aggravating factors, such as previous dog related history, children or vulnerable people at the address and the temperament of the dog.

1.11.3 Where necessary, all relevant and necessary enquiries should be made to trace the owner and obtain signed authorisation to pay for medical costs prior to any treatment. Details should then be passed to the veterinary practice.

1.11.4 Officers should explore alternative options, such as helping the owner to get their dog to a veterinary practice, but then making it clear to all concerned that the responsibility is that of the owner to pay. The owner can then enter into an agreement directly with the vet. The PDSA may provide assistance to owners who are in receipt of benefits and are eligible to register with them.

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2. Definitions

2.1 A dog-related incident is any incident that primarily involves a dog as opposed to just a dog being present at the scene of the incident and includes the following circumstances:

a) Where a dog is defined in law as being of a breed or breed type classified as dangerous (these are currently defined as Pit Bull Terrier, Dogo Argentino, Fila Braziliero and Japanese Tosa) under section 1 of the Dangerous Dogs Act 1991 as amended 1997.

b) Offences committed under section 3 of the Dangerous Dogs Act 1991, when a dog is dangerously out of control in a public place or private place where it should not be. Dangerously means; ‘when there are grounds for reasonable apprehension that the dog will injure any person, whether or not it actually does’. This can include ‘dog on dog’ attacks where a member of the public or owner is in fear as defined above and the offence is aggravated if injury is caused

c) Dog-related incidents in the home that the police are called to attend, where children are living / regularly visit and there is a dog present.

d) Where circumstances suggest that the dog is dangerous e.g. has bitten a person in the home, or has displayed aggression and / or lack of control in a public place. e) Where a dogs is part of a complaint regarding Anti Social Behaviour or general

nuisance.

f) Offences committed under section 2 of the 1871 Dogs Act, which covers dog aggression towards other animals or dogs that are generally not under proper control and the circumstances do not constitute an offence under section 3 of the DDA 1991, but civil control orders may still be sought.

g) Circumstances where the knowledge of a dog in a particular place is necessary for a future policing purpose – intelligence gathering.

This is not an exhaustive list.

.

3.

Seizing and transporting a dog(s)

3.1 NICHE

3.1.1 Dog(s) seized by police must be entered on Niche as an occurrence (Appendix A). When seizing a dog and where practicable, all relevant documentation that confirms current inoculations to the dog must be obtained. If an external transport provider is used then they must be provided at the point of collection with a niche number and property tag number for each dog that is transported.

3.2 Suspected Prohibited Type Dogs.

3.2.1 Any dog(s) seized by a police officer, which appears to be a prohibited type dog will in the first instance be taken to one of the police kennels, a storm log must be created and tagged for XDOG and also a niche occurrence with the number endorsed on the storm log. MSOC Dogs and Mounted section supervision must be notified of its location and a DLO will be dispatched to make a “TRIAGE” assessment as to its breed/type. If the DLO suspects the dog to be a prohibited type it will be transported to police approved secure kennels for a formal DLO assessment. If the dog is deemed not to be a prohibited type dog and not subject to any prosecution it will be returned to its owner as soon as practicable.

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3.3 Legal Breed Type Dogs.

3.3.1 Any dog (suspected of being involved in an offence), which is seized by a police officer and is not suspected to be a prohibited type dog, will be transported to a police kennel in the first instance. A storm log must be created, tagged for XDOG and endorsed with a niche number and property tag reference. MSOC Dogs and Mounted supervision should be made aware and then arrangements made to transport the dog to police approved secure kennels.

3.3.2 Any decision to seize a legal breed type dog for any reason lies with the duty CIM from the relevant BCU, due to the financial implications involved.

3.4 Care of Seized Dogs

3.4.1 Any concerns regarding the care of a seized dog that is being accommodated in a police kennel must be reported to MSOC Dogs and Mounted section supervision immediately. This also includes any issues regarding the general care of these dogs (feeding/water and cleaning of kennels). This is to ensure that the organisation complies with it’s obligations under the Animal Welfare Act 2006.

3.5 Transportation of Seized Dogs

3.5.1 The transportation of dogs can be undertaken by Local Authority Dog Wardens, RSPCA or Kennel Contractor (on behalf of Merseyside Police).

3.5.2 There may be occasions when an MSOC Dog Handler has to transport a seized dog to a secure kennel. In such circumstances, only a BCU caged vehicle will be used and subsequently cleaned thoroughly with the logbook being endorsed to this effect. 3.5.3 In exceptional circumstances the MSOC Dogs and Mounted section may provide a

vehicle to transport dogs that have been seized. MSOC Dogs and Mounted section supervision will determine whether the particular circumstances warrant such action and will only be authorised if there is a serious threat of harm or risk present.

3.5.4 Untrained and inexperienced officers must not attempt to control a dog unless there is no other option to protect the public. The generic risk assessment for dealing with dangerous dogs will apply and all appropriate PPE must be made available to officers, unless there is an immediate threat to life or danger of serious injury.

4. Timescales

4.1 A Risk Assessment will be completed in each suspected Section 1 Dangerous Dogs Act 1991 case as early as practicable in order to ensure public safety and will form part of the police evidence presented to the court. This will be carried out by an officer from the XDOG team.

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4.2 The potential for owners to become upset and animals to become distressed is great when police seize and remove Dogs. This may have an adverse impact on public confidence, co-operation and the reputation of Merseyside Police. There can also be high financial costs for kennelling, veterinary attention etc. However public safety and the preservation of evidence should be the prime consideration(s) in any case. As a result the MSOC Dogs and Mounted section progress all cases against prohibited breeds (covered by section 1 of the act) using the civil process covered by section 4(b) of the Act, unless there are extenuating circumstances and a criminal prosecution under section 1 of the act will be considered by the Inspector of the MSOC Dogs and Mounted section. This is the most expeditious means of putting the matter before the court and a judgement made, therefore reducing the time the dogs spend in kennels and minimising cost.

4.3 Dog-related incident cases must be progressed speedily and concluded at the earliest opportunity. Criminal prosecutions or other legal proceedings should be commenced as soon as possible and in any event within 14 days of the incident (unless exceptional circumstances apply).

4.4 Each BCU must nominate a SPOC of at least the rank of Inspector. Each SPOC must review cases in their BCU where dogs are in police approved secured kennels on a weekly basis to ensure that they are progressed as expeditiously as possible towards a conclusion, in order to maximise animal welfare and minimise cost to the force.

5.

Virtual Dog Register

5.1 The recording of all dog-related incidents on Niche, including all dog bites, effectively provides the Force with a Virtual Dog Register and removes the need for local ‘dog-bite registers’. BCU’s should retain existing records in accordance with the Force Records Retention Schedule.

6. Allocation

6.1 Basic Command Unit (BCU)

6.1.1 BCUs are responsible for investigating and progressing offences under Section 3 Dangerous Dogs Act 1991 and Section 2 Dogs Act 1871 applications where the dog is a recognised legal breed. Advice and guidance should be sought from the MSOC Dogs and Mounted section if necessary (DLO’s can assess the dog to determine whether an animal is likely to be a prohibited breed).

6.2 MSOC Dogs and Mounted Section

6.2.1 The MSOC Dogs and Mounted section is responsible for investigating and progressing ALL cases involving Section 1 prohibited type dog(s). A DLO, must assess all dogs suspected of being a prohibited type, via a full examination within 72 hours from the time it was seized, unless there are extenuating circumstances which make this impracticable. If a full examination is not possible due to the demeanour of the dog, a reasonable period of time (up to 7 days) should be allowed for the full examination to take place unless it is completely impracticable to do so. In this case a video recording will be taken of the dog and a file submitted based on these observations.

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6.2.2 All files regarding prohibited type dogs will be assessed by the departmental head to ensure the most effective process has been selected. The departmental head will where appropriate, direct all matters involving a section 1 dog towards a civil application, unless there are extenuating circumstances and criminal prosecution under section 1 will be considered.

6.2.3 The forces’ preferred option for processing prohibited type dog prosecutions will be to use civil applications under section 4b of the Dangerous Dogs Act 1991. All decisions regarding this civil route will be made via the Force Solicitor.

7. Analysis

7.1 Area Intelligence conduits will produce and provide intelligence products in relation to dog–related incident cases and liaise closely with the Local Authority (and RSPCA where appropriate) in order that cognisance is taken of all intelligence and any previous reports. Force systems are to interrogated and real time patterns for dog related incidents

identified, in relation to the relevant threat, harm and risk posed to both the public and the force.

8.

Case Management & Responsibilities

8.1 Call handling personnel / MSOC Dogs and Mounted section personnel

8.1.1 The Head of FCC, should ensure the Force Call Grade & Response Policyis effectively applied to each dog-related incident.

8.1.2 Call Handlers must create a Storm log for each dog-related incident and simultaneously tag the log “XDOG” for the attention of the MSOC Dogs and Mounted section

supervision. They must also create a niche occurrence and task the officer in charge for completion as per section 3.1.

8.1.3 Call Handlers should provide as much detail as possible on the relevant log via means of the mandatory agreed question set for dog-related incidents; thus enabling the MSOC Dogs and Mounted section supervision to offer appropriate advice.

8.1.4 FCC Supervisors must also ensure that all log’s graded 1 or 2 are brought to the attention of the MSOC Dogs and Mounted section duty supervisor via the 24 hour mobile

telephone number as soon as practicable, whilst ensuring that it has also been tagged to XDOG.

8.1.5 MSOC Dogs and Mounted section supervision will review all current open log(s) that have been tagged to XDOG, and will make an assessment of the log and provide advice based on the information contained within the log. This advice will be complete with rationale for any recommended actions.

8.1.6 Once the advice has been recorded on the log, if it is appropriate the MSOC Dogs and Mounted section supervision will remove the XDOG tag. The log will then remain with the FCC for completion. At any point a log can be re-tagged to XDOG if further advice or specialist assistance is required. If the log is in relation to a prohibited type dog, it must

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8.1.7 When there is a report of a child dog bite or serious injury, whether in a public or private place, MSOC Dogs and Mounted supervision will attend in person or deploy a dog handler to view the dog in question to determine its’ breed type and comment on its’ general behaviour. They will endorse the log with the observations and liaise directly with the CIM, to offer advice to support any decision as to whether intervention is required to remove the dog or child from the premises.

8.2 Officer in the Case (OIC)

8.2.1 The OIC must ensure that a Storm log and niche occurrence have been created (if not already in existence) for each dog-related incident and immediately attach an “XDOG’ tag to the log for the attention of the MSOC Dogs and Mounted section supervision.

8.2.2 The OIC must consult with the duty CIM regarding whether a dog should be seized or not. This is due to the fact that there are financial consequences for the BCU from a dog seizure. The MSOC Dogs and Mounted section supervision should be consulted prior to seizure for advice, except in very urgent cases. The OIC must also ensure that the dog is properly and lawfully seized.

8.2.3 The OIC must:

a) Ensure that ALL parties’ details are entered onto the niche occurrence, including the dog involved in the incident on the property tab.

b) Ensure that the OEL is fully updated with the circumstances of the incident and any enquiries made.

c) Obtain any statements, CCTV, photographs, medical records etc, complete a Dog Seizure Form and ensure a task is sent to the OSU Dog Section niche pot prior to going off duty.

d) Ensure that minimum standards of investigation are adhered to.

e) Ensure that aggravated section 3 of the DDA 1991 offences are recorded as a crime.

f) Prepare the file for the Investigation Manager / CPS / Force Solicitor.

g) Ensure that the Victim(s) is/are aware of whom the investigating officer is and ensure full compliance with the Victims Code of Practice.

h) In addition a VPRF 1 MUST be completed by the OIC, when there are children or vulnerable people present, or they may come into contact with the dog as part of their normal routine.

8.2.4 On conclusion of the case, the CJU Court Results Section and / or the OIC will ensure the decisions of the court are promptly communicated to the force solicitors office and the MSOC Dogs and Mounted supervision. This will facilitate the dog’s return/destruction at the earliest opportunity reducing costs. It is the responsibility of the OIC to ensure that both the owner and any victim(s) are informed of the court result and subsequent actions.

8.3 BCU SPOC

8.3.1 In cases where a prosecution under section 3 of the DDA 1991 is being pursued or an application under section 2 of the 1871 Dogs Act is being made, BCU SPOCs should:

a) Be of at least the rank of Inspector or T/Inspector.

b) Review cases at least once every 7 days when there is a dog in police approved kennels, to ensure the investigation is being progressed expeditiously, or every 14 days otherwise, in line with current force guidelines.

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d) Provide support and guidance to the OIC.

e) Ensure costs for kennelling, veterinary care etc. are minimised

f) Review within 7 days, any cases where there is a report of a child dog bite or serious injury, to ensure that it has been dealt with efficiently and appropriately, in order to minimise the risk of harm to the reputation of the force and maximise the safety to the public.

g) Review the disposal of dog-related incidents within the BCU and ensure that when the Community Resolution (incorporating restorative Justice) framework is used, it is used appropriately and according to force policy.

8.4 MSOC Dogs and Mounted Section Inspector

8.4.1 The MSOC Dogs and Mounted section Inspector (or delegate) will:

a) Be responsible for updating relevant policy and procedure when appropriate b) Supervise all ongoing section 1 or 4(b) cases being progressed on niche. c) Maintain professional relationships with the Kennel Contractor and ensure

contractual compliance

d) Provide dog-related advice to management and staff to ensure consistency throughout the organisation

e) Ensure BCU staff are supported with specialist dog handlers and DLOs when appropriate

f) Decide in conjunction with the force solicitor the appropriate means of prosecution for prohibited breeds (Section 1 or Section 4B).

8.5 BCU Commander

8.5.1 BCU Commanders are responsible for ensuring resources are available and respond appropriately as per the Call Grade & Response Policy.

8.5.2 Each BCU Commander will ensure that a SPOC is nominated of at least the rank of Inspector or T/Inspector, to liaise with the MSOC Dogs and Mounted section regarding any dog-related issue and manage the dog-related incidents within their BCU.

8.5.3 The organisation will be responsible for providing police kennels at strategic locations throughout the force.

8.6 Force Solicitor

8.6.1 The force solicitors’ office is responsible for processing of cases under section 4B of the Dangerous Dogs Act 1991 and S2 Dogs Act 1871 and the presentation of such cases before the Court. They will also provide guidance and legal advice with regard to dog-related incidents when requested to do so.

9.

Operation Newberry

9.1.1 The MSOC Dogs and Mounted section will be responsible for monitoring compliance and enforcement of the conditions required by an exemption certificate issued by the Department of Food and Rural Affairs (DEFRA).

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______________________________________________________________________________________

9.1.2 They will obtain on a monthly basis from DEFRA, a list of exempted section 1 dogs within Merseyside who have had their exemption certificate withdrawn.

9.1.3 They will make necessary enquiries to ascertain the whereabouts of the dogs and then seek to enforce the original contingent destruction order issued by the court, by seizing the now illegal dog and having it destroyed and then prosecuting the owner for possession of a section 1 dog.

9.1.4 They will both proactively and reactively seek to ensure compliance with the exemption conditions, and identify owners of exempted section 1 dogs who have breached their exemption conditions. They will report the breaches to DEFRA and if DEFRA decide to withdraw the exemption certificate, seek to enforce the original contingent destruction order issued by the court, by seizing the now illegal dog and having it destroyed and then prosecuting the owner for possession of a section 1 dog.

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Appendix A

DOG RELATED OCCURRENCES ON NICHE

Police Officers coming into contact with dogs during the course of their duty MUST record details within a Niche occurrence. The dog should be recorded as an item of property, with the owner, keeper, address etc linked. This will provide the force with a central database of dogs, available to all Niche users, which will allow informed decisions to be made, and provide a full intelligence picture.

If the dog is seized as part of an investigation into a crime, a second occurrence should be created to record the seizure and the 2 occurrences linked. This is so that the MSOC Dogs and Mounted section can record all actions taken. The dog should be recorded as a property item on the crime occurrence also and the 2 occurrences linked.

Niche Procedure

Create an occurrence using the Occ Type “Dog-related incident.” From the scene officers will request an occurrence is created via the Storm interface.

On the property tab, right click and select “involved animal”

Under “classification” select the most appropriate value, and in Type, type DOG and select the breed.

Using the details you have, carry out a search to establish if the dog already exists in Niche. It is important to carry out a proper search. Include the dog’s name, any tattoo it may have, microchip numbers etc. Once you are satisfied the dog does not have an entry in Niche, click “New and fill.”

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______________________________________________________________________________________

If you know the name of the dog, type this in “Common name.” Complete the gender, age, feature, colour and quantity fields. If Dog Section officers are involved they will be able to scan the dog to see if it is micro-chipped (this is the best way to search for a dog in niche.) If a dog is micro-chipped ensure you record the number in the “Brand id” field. If the dog has a tattoo, record this in the “Eartag id” field. Ignore the brand and eartag location fields. If there is anything peculiar or you wish to make any comments about the animal, type this in the remarks field.

Whilst still on the property screen, go to the People/Orgs tab and link any people associated with the dog. If this person is already linked to the occurrence, they will be available when you right click and press link. Next, on the address tab, link any addresses associated with the dog. A photograph of the dog may be attached to the occurrence on the “pictures” tab. This may be useful in any disputed identifications and if the dog comes to police attention in the future.

On the “Stores management” tab click “Add.” Green starburst the unique tag number and then record the kennel location the dog is stored at. Link yourself as the seizing officer. If you leave the “Received from” and “Responsible off” fields blank, niche will automatically put the seizing officer into these fields. Complete the “Reference” field with the exhibit reference if relevant. Print 2 copies of the barcode and staple to a piece of silver linen and attach to the board in the usual location in the station

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It is important to bring ALL seizures to the attention of the MSOC Dogs and Mounted section. From the occurrence screen, right click in the top left section of the screen and select “Start workflow.” Choose “Dog seizure” workflow and then select XDOG along with your BCU SPOC.

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